Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
Input tax credit cannot be denied solely because a supplier's registration was cancelled retrospectively; the authorities must examine whether the purchaser proved actual receipt of goods through invoices, e-way bills, lorry receipts and similar records. Because that genuineness inquiry was not undertaken and most transactions predated the cancellation order, the assessment orders were set aside and the matter remanded for fresh consideration after giving the petitioner a reasonable opportunity.
Input tax credit cannot be denied solely because a supplier's registration was cancelled retrospectively; the authorities must examine whether the purchaser proved actual receipt of goods through invoices, e-way bills, lorry receipts and similar records. Because that genuineness inquiry was not undertaken and most transactions predated the cancellation order, the assessment orders were set aside and the matter remanded for fresh consideration after giving the petitioner a reasonable opportunity.
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